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§ 97.30 ATTACK BY DANGEROUS DOG.
    (A)   A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on another person outside the dog's enclosure and causes bodily injury to the other person.
   (B)   An offense under this section is a Class C misdemeanor, but state law allows for more serious charges to be filed if the owner is found negligent in keeping the dangerous dog secured as required by law.
   (C)   If the dangerous dog attacks and seriously injures or causes the death of a human, city animal control officers or police officers may seize the animal and it will be euthanized as soon as possible and practical. If a person is found guilty of an offense under this section, the court may order the dangerous dog destroyed by a person listed in Tex. Health and Safety Code § 822.003.
   (D)   In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty as determined by statute. The City Attorney or an assistant may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this section shall be retained by the city.
(Ord. 2008-3, passed 2-5-08; Am. Ord. 2017-1, passed 1-17-17; Am. Ord. 2017-21, passed 12-19-17; Am. Ord. 2024-5, passed 2-20-24)
§ 97.31 OFFICER SAFETY.
    There is no provision in this subchapter requiring an animal control officer or a police officer to place his or her personal safety at risk attempting to capture, impound, trap or otherwise detain a known dangerous dog or dog suspected to be vicious and/or dangerous by its actions or demeanor. For their safety, officers of the Police Department and city animal control officers are authorized to use force, including deadly force, to stop a current or imminent attack upon themselves or a third person by a dog, whether or not the dog has been declared to be a dangerous dog.
(Ord. 2008-3, passed 2-5-08; Am. Ord. 2017-1, passed 1-17-17; Am. Ord. 2017-21, passed 12-19-17; Am. Ord. 2024-5, passed 2-20-24)
§ 97.32 GUARD DOGS.
    (A)   It shall be unlawful to place or maintain any dog solely for the protection of persons and/or property unless the dog is physically confined to a specific enclosed area. The enclosed area in which the dog is confined must be within a chain link fence at least six feet in height and which is reasonably certain to prevent the dog from leaving the enclosure on its own.
   (B)   The area in which the dog is confined must be conspicuously posted with warning signs bearing letters not less than two inches high stating “Guard Dog” and placed not less than every 25 feet, on each side of the structure or barrier confining dog(s). No less than one warning sign shall be posted.
(Ord. 2008-3, passed 2-5-08; Am. Ord. 2017-1, passed 1-17-17; Am. Ord. 2017-21, passed 12-19-17; Am. Ord. 2024-5, passed 2-20-24)
DOGS DANGEROUS TO PERSONS
§ 97.35 DEFINITIONS.
    For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   SERIOUS BODILY INJURY. An injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment.
(Ord. 2002-1, passed 2-19-02; Am. Ord. 2017-1, passed 1-17-17; Am. Ord. 2017-21, passed 12-19-17; Am. Ord. 2024-5, passed 2-20-24)
§ 97.36 RESERVED.
§ 97.37 RESERVED.
§ 97.38 DESTRUCTION OF A DOG.
    The destruction of a dog under this subchapter must be performed by:
   (A)   A licensed veterinarian;
   (B)   Personnel of a recognized animal shelter or humane society who are trained in the humane destruction of animals; or
   (C)   Personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals.
(Ord. 2002-1, passed 2-19-02; Am. Ord. 2017-1, passed 1-17-17; Am. Ord. 2017-21, passed 12-19-17; Am. Ord. 2024-5, passed 2-20-24)
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